New Hampshire

Burgess BioPower files for bankruptcy, terminating contract with Eversource

Published

2 years ago

February 9, 2024

Burgess BioPower files for bankruptcy, terminating contract with Eversource

A biomass power plant in Berlin has filed for Chapter 11 bankruptcy and terminated its contract to sell power to Eversource, after a years-long controversy over the cost of its electricity.

Eversource, New Hampshire’s largest utility company, is rejecting the company’s termination of their contract, and the company says it will pursue mediation.

Burgess BioPower, which owns the plant, has been selling electricity to Eversource since 2011. The biomass plant generates power by burning low-grade wood. Much of that power has been more expensive than the market rate, and that cost has been borne by ratepayers.

The impact of Burgess’s over-market costs on Granite Staters’ electric bills has been a sticking point for many, including the state’s ratepayer advocate. But the plant has supporters, especially in the North Country. Former Berlin Mayor Paul Grenier said the plant was a “vital” part of the city’s economy –— and the health of Coos County more broadly.

A report paid for by Burgess BioPower but prepared independently found that Burgess supported 240 jobs, and had an annual economic benefit to New Hampshire of more than $43 million. The 2019 report found if Burgess closed, more than 100 people in the forest and wood products industries would lose jobs. The plant provides a market for low-grade forest products, which are not usually used elsewhere.

But in the years Burgess has been selling power to Eversource, biomass plants have struggled across New England. The impact of burning wood for power has received scrutiny from those concerned about climate change and the health of nearby communities. And economics, for Burgess, remained an issue.

The contract between Burgess and Eversource set a limit of $100 million in over-market costs, or the accumulated extra cost of Burgess’s power if it was above the market rate.

Lawmakers suspended that limit multiple times. But last year, Gov. Chris Sununu vetoed a bill that would have given Burgess BioPower a financial lift by relieving it of the responsibility to pay back the over-market costs it accrued over the $100 million cap, about $71 million.

At the time, Burgess BioPower spokesperson Sarah Boone said the veto created a “serious financial event” for the company, and for the northern New Hampshire economy.

Now, Burgess says it’s terminating its contract with Eversource because of the utility’s “failure to make required payments” to the company.

That’s a claim Eversource disputes, saying they started “reducing payments” to Burgess to recover the $71 million in over-market costs they’ve paid to Burgess over the past three years. That reduction in payments is part of the requirements of their contract.

“Eversource is not in default of the contract and rejects Burgess’ unilateral termination of the Power Purchase Agreement (PPA), as well as any claims that our adherence to the terms of the contract forced its bankruptcy,” spokesperson William Hinkle said in a statement.

Burgess disputes that Eversource is allowed to reduce particular kinds of payments, like those for Renewable Energy Certificates, in order to collect back over-market costs.

Hinkle said the utility will pursue mediation and alternative dispute resolution processes to collect that $71 million. Eversource does not profit off of their contract with Burgess, he said, and savings from reduced payments go to utility customers through a decrease in a part of their bill called the Stranded Cost Recovery Charge. Burgess’s announcement that it is terminating the contract will not have an impact on electricity service.

Burgess says it will continue producing power throughout the bankruptcy process. According to company representative Sarah Boone, with court approval, they could sell their power into the region’s wholesale market or to another party.

The company says employees at their Berlin facility won’t be affected by the bankruptcy process, and they intend to reorganize in order to “best position the Company for long-term success.”

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New Hampshire

New Hampshire employment law in 2026 – NH Business Review

Published

3 hours ago

March 2, 2026

Press Room

New Hampshire employment law in 2026 – NH Business Review

What employers are getting wrong, and how to fix it before it becomes a claim

New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.

Notice compliance

One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.

At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)

Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:

• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.

• deductions made from the employee’s payroll check, for each period such deductions are made.

• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)

Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.

Two-hour minimum (reporting pay)

Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.

Salaried vs. hourly employees

Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.

Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.

Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.

Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.

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New Hampshire

New photo released in unsolved 1997 homicide of a N.H. woman

Published

15 hours ago

March 2, 2026

Press Room

New photo released in unsolved 1997 homicide of a N.H. woman

Local News

“Our family wants to know what happened, who did this and why,” said the family of the victim.

A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.

“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”

Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.

Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.

The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.

As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.

Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.

The newly released photo of Rosalie Miller, 36, who was strangled to death nearly 30 years ago. – Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall

“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.

The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.